United States of America v. Michael Stephens, aka Michael Williams

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 17a0487n.06
Case No. 15-5553
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MICHAEL STEPHENS, aka Michael
Williams,
Defendant-Appellant.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF
TENNESSEE
BEFORE: MOORE, SUTTON, and DONALD, Circuit Judges.
PER CURIAM. Michael Stephens received a career-offender guidelines enhancement in
connection with his sentence for conspiracy to possess and distribute cocaine. On appeal, we
upheld the enhancement on the basis of Stephens’ prior convictions for aggravated burglary,
Tenn. Code § 39-14-403, attempted aggravated burglary, id., and felony drug possession. United
States v. Stephens, 651 Fed. App’x 445 (6th Cir. 2016). Applying United States v. Ozier, 796
F.3d 597, 600–03 (6th Cir. 2015), we found Tennessee’s aggravated burglary statute divisible.
As a result, we looked to the facts of Stephens’ prior conviction for attempted aggravated
burglary to determine whether he had committed a generic form of the offense of “burglary of a
dwelling.” We found that he had. Stephens, 651 Fed. App’x at 448. Following Mathis v. United
States, 136 S. Ct. 2243 (2016), the Supreme Court vacated this judgment and remanded for
further consideration. In light of Mathis and our recent decision in United States v. Stitt,

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Case No. 15-5553, United States v. Stephens
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860 F.3d 854, 857–59 (6th Cir. 2017) (en banc), we reverse our prior determination and remand
for resentencing, as both the government and Stephens agree is appropriate.

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